Jyotirmay Bhattacharya, J. - (1.) THIS appeal is a defective one as the appeal was filed with the deficit court fees of Rs. 20/ -. Mr. Basu, learned advocate appearing for the appellant undertakes to file the deficit court fees of Rs. 20/ - in course of this day.
(2.) LET the informal paper books filed by the respondent No. 2 in Court today be kept with the record. Let it be recorded that a copy of the informal paper book has also been served upon the learned advocate appearing for the appellant. In course of hearing of the stay application, we felt that the appeal itself can be decided on merit. Accordingly, we requested the learned counsel appearing for the parties to address us on the merit of the appeal. Learned counsel appearing for the parties also accepted the suggestion given by the Court and participated in the hearing of the appeal.
(3.) LET us now consider the merit of the appeal in the facts of the instant case.;